Earnest and Laura Tillman - Page 14

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          6651(a)(1) in each year.  See Waitzkin v. Commissioner, T.C.                
          Memo. 1992-216.                                                             
          7.  Additions to Tax Under Sec. 6654                                        
               Respondent determined additions to Mr. Tillman’s 1990 and              
          1991 taxes under section 6654, asserting that he failed to pay              
          estimated tax.  An addition to tax under section 6664 is                    
          mandatory unless one of the exceptions contained in that section            
          applies.  Recklitis v. Commissioner, 91 T.C. 874, 913 (1988).               
          None of these exceptions apply.  Thus, we sustain respondent on             
          this issue.                                                                 
          8.  Penalty Under Sec. 6662(a)                                              
               Respondent determined a penalty under section 6662(a) for              
          petitioners’ 1989 taxable year, asserting that their underpayment           
          of income tax for 1989 was due to negligence or intentional                 
          disregard of rules or regulations.  Section 6662(a) imposes a               
          penalty equal to 20 percent of the portion of the underpayment              
          attributable to negligence.                                                 
               Negligence is defined to include any failure to make a                 
          reasonable attempt to comply with the provisions of the Code.               
          Sec. 6662(c).  Negligence has also been defined to include a lack           
          of due care or a failure to do what a reasonable and ordinarily             
          prudent person would do under the circumstances.  Accardo v.                
          Commissioner, 942 F.2d 444, 452 (7th Cir. 1991), affg. 94 T.C.              
          96 (1990).  Petitioners must prove that respondent's                        
          determination of negligence is erroneous.  Id. at 452; Bixby v.             




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